KONSEP MAHAR PERKAWINAN BERUPA HAFALAN SURAH AL-QUR’AN (Perspektif Keadilan Gender)

Abstract

Islam also allows the dowry given by men to women in any form including dowry in the form of memorizing verses of the Qur’an which are included in the dowry of services as agreed by Shafi’i based on the hadith of Sahl bin Sa’ad as-Sa’idi, the history of Imam Muslim, was used as the legal istinbath method. In the Shafi’i dowry in the form of services or services that are legal provided the service has value if there is no marriage, it can be replaced with money or goods of value, such as teaching the Qur’an because if not in marriage can be paid with money or anything that is valuable to wage the job. From the opinion of the Shafi’i Imam, it can be concluded that the allowance of dowry is in the form of memorizing surah Al-Qur’an by teaching not just depositing a memorization when the marriage contract. With the dowry of services in the form of teaching the Qur’an, the bridegroom is obliged to pay his teaching, if he has not taught and issued divorce before making a husband and wife relationship, and if talak occurs after teaching then he can ask for half of it in the form of wages if separation occurs from the groom, if the separation occurs from the bride’s side, then the bridegroom can ask for all his wages. With these rules, justice is created between the two, namely gender justice is realized because there is fair treatment between women and men in fulfilling their respective rights and with such rules, the nature of dowry in the form of assets remains meaningful and dowry in the form of memorizing surah Al-Qur’an (non-material) is actually not a problem as long as it does not cause injustice.